Act 10 of 2017

The Mental Healthcare Act, 2017

An Act to provide for mental healthcare and services for persons with mental illness and to protect, promote and fulfil the rights of such persons during delivery of mental healthcare and services and for matters connected therewith or incidental thereto.

  • Ministry of Health and Family Welfare
  • Department of Health and Family Welfare
  • Enacted 2017-04-07
  • 126 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 Determination of mental illness. Read
4 Capacity to make mental healthcare and treatment decisions. Read
5 Advance directive. Read
6 Manner of making advance directive. Read
7 Maintenance of online register. Read
8 Revocation, amendment or cancellation of advance directive. Read
9 Advance directive not to apply to emergency treatment. Read
10 Duty to follow advance directive. Read
11 Power to review, alter, modify or cancel advance directive. Read
12 Review of advance directives. Read
13 Liability of medical health professional in relation to advance directive. Read
14 Appointment and revocation of nominated representative. Read
15 Nominated representative of minor. Read
16 Revocation, alteration, etc., of nominated representative by Board. Read
17 Duties of nominated representative. Read
18 Right to access mental healthcare. Read
19 Right to community living. Read
20 Right to protection from cruel, inhuman and degrading treatment. Read
21 Right to equality and non-discrimination. Read
22 Right to information. Read
23 Right to confidentiality. Read
24 Restriction on release of information in respect of mental illness. Read
25 Right to access medical records. Read
26 Right to personal contacts and communication. Read
27 Right to legal aid. Read
28 Right to make complaints about deficiencies in provision of services. Read
29 Promotion of mental health and preventive programmes. Read
30 Creating awareness about mental health and illness and reducing stigma associated with mental illness. Read
31 Appropriate Government to take measures as regard to human resource development and training, etc. Read
32 Co-ordination within appropriate Government. Read
33 Establishment of Central Authority. Read
34 Composition of Central Authority. Read
35 Term of office, salaries and allowances of chairperson and members. Read
36 Resignation. Read
37 Filling of vacancies. Read
38 Vacancies, etc., not to invalidate proceedings of Central Authority. Read
39 Member not to participate in meetings in certain cases. Read
40 Officers and other employees of Central Authority. Read
41 Functions of chief executive officer of Central Authority. Read
42 Transfer of assets, liabilities of Central Authority. Read
43 Functions of Central Authority. Read
44 Meetings of Central Authority. Read
45 Establishment of State Authority. Read
46 Composition of State Authority. Read
47 Term of office, salaries and allowances of chairperson and other members. Read
48 Resignation. Read
49 Filling of vacancies. Read
50 Vacancies, etc., not to invalidate proceedings of State Authority. Read
51 Member not to participate in meetings in certain cases. Read
52 Officers and other employees of State Authority. Read
53 Functions of chief executive officer of State Authority. Read
54 Transfer of assets, liabilities of State Authority. Read
55 Functions of State Authority. Read
56 Meetings of State Authority. Read
57 Grants by Central Government to Central Authority. Read
58 Central Mental Health Authority Fund. Read
59 Accounts and audit of Central Authority. Read
60 Annual report of Central Authority. Read
61 Grants by State Government. Read
62 State Mental Health Authority Fund. Read
63 Accounts and audit of State Authority. Read
64 Annual report of State Authority. Read
65 Registration of mental health establishment. Read
66 Procedure for registration, inspection and inquiry of mental health establishments. Read
67 Audit of mental health establishment. Read
68 Inspection and inquiry. Read
69 Appeal to High Court against order of Authority. Read
70 Certificates, fees and register of mental health establishments. Read
71 Maintenance of register of mental health establishment in digital format. Read
72 Duty of mental health establishment to display information. Read
73 Constitution of Mental Health Review Boards. Read
74 Composition of Board. Read
75 Terms and conditions of service of chairperson and members of Board. Read
76 Decisions of Authority and Board. Read
77 Applications to Board. Read
78 Proceedings before Board to be judicial proceedings. Read
79 Meetings. Read
80 Proceedings before Board. Read
81 Central Authority to appoint Expert Committee to prepare guidance document. Read
82 Powers and functions of Board. Read
83 Appeal to High Court against order of Authority or Board. Read
84 Grants by Central Government. Read
85 Admission of person with mental illness as independent patient in mental health establishment. Read
86 Independent admission and treatment. Read
87 Admission of minor. Read
88 Discharge of independent patients. Read
89 Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission). Read
90 Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, beyond thirty days (supported admission beyond thirty days). Read
91 Leave of absence. Read
92 Absence without leave or discharge. Read
93 Transfer of persons with mental illness from one mental health establishment to another mental health establishment. Read
94 Emergency treatment. Read
95 Prohibited procedures. Read
96 Restriction on psychosurgery for persons with mental illness. Read
97 Restraints and seclusion. Read
98 Discharge planning. Read
99 Research. Read
100 Duties of police officers in respect of persons with mental illness. Read
101 Report to Magistrate of person with mental illness in private residence who is ill-treated or neglected. Read
102 Conveying or admitting person with mental illness to mental health establishment by Magistrate. Read
103 Prisoners with mental illness. Read
104 Persons in custodial institutions. Read
105 Question of mental illness in judicial process. Read
106 Restriction to discharge functions by professionals not covered by profession. Read
107 Penalties for establishing or maintaining mental health establishment in contravention of provisions of this Act. Read
108 Punishment for contravention of provisions of the Act or rules or regulations made thereunder. Read
109 Offences by companies. Read
110 Power to call for information. Read
111 Power of Central Government to issue directionsRead
112 Power of Central Government to supersede Central AuthorityRead
113 Power of State Government to supersede State AuthorityRead
114 Special provisions for States in north-east and hill StatesRead
115 Presumption of severe stress in case of attempt to commit suicide.Read
116 Bar of jurisdiction.Read
117 Transitory provisionsRead
118 Chairperson, members and staff of Authority and Board to be public servants.Read
119 Protection of action taken in good faithRead
120 Act to have overriding effectRead
121 Power of Central Government and State Governments to make rulesRead
122 Power of Central Authority to make regulationsRead
123 Power of State Authority to make regulations.Read
124 Laying of rules and regulationsRead
125 Power to remove difficulties.Read
126 Repeal and savingRead
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